Thread regarding Cabela's Inc. layoffs

Cabela's/Bass Pro non-compete lawsuit

Copied from: https://www.natlawreview.com/article/delaware-court-grapples-enforcement-choice-law-provisions-restrictive-covenant.

In Cabela’s, the Court found that Nebraska law would apply in the absence of the Delaware choice of law provision, given Nebraska’s stronger contacts with the agreements. Second, the Court concluded that the defendants’ agreements, which were broadly drafted to prohibit ordinary competition, violated Nebraska’s fundamental public policy, which strictly prohibits such agreements unless they are narrowly tailored to prevent misappropriation of customer goodwill, confidential information, or trade secrets. Third, the Court held that Nebraska’s specific public policy against restraints on trade was materially greater than Delaware’s general public policy interest in freedom of contract. As the Court explained, where the contract at issue “is abhorrent and void” under Nebraska public policy, “and where, as here, the formation and enforcement of the contract relate overwhelmingly to [Nebraska], a general interest in freedom of contract is unlikely to be the equal of that public policy[.]” On those grounds, the Court refused to honor the Delaware choice of law provision.

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Post ID: @WAtNlis

32 replies (most recent on top)

well well well

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Post ID: @WAtNlis-Iott

Well that escalate brother quickly

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Post ID: @WAtNlis-yvic

I agree!

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Post ID: @WAtNlis-wjix

That's simple, The Cabela's family collected up over a billion dollars! They got the gold and we got the shaft. No one came even close in profiting the most from the sale. All the rubes think it was Tommy...I guess they don't know the difference between millions and billions.

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Post ID: @WAtNlis-wofc

I was thinking the same thing.

Was growing very strange

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Post ID: @WAtNlis-ljeg

Nice to see the site has been cleaned up! No more nonsensical city govt posts.

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Post ID: @WAtNlis-kfdj

So with ruling does this mean they can go forward with this business plans here in Sidney?

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Post ID: @WAtNlis-kutz

First of all, this is a private site, and site admins and/or the site owner can remove your posts if those posts violate one of their rules or decide that you are trolling or spamming. Btw, things you quoted may be guidelines, but they are not the rules. Every website has rules, can usually find them in the page footer. Second, this is Cabela's forum on this site, there is a separate forum for Bass Pro (as well as for thousand other companies). If a new business is created in your town, you can ask web admins to create a new forum for discussion about that company (doubt they' will do that, as I see only big companies have their forums here). To talk about cities and city councils, go somewhere else.

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Post ID: @WAtNlis-dwdq

So I can take it that the people who sought to start a new business here in Sidney are able to now?

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Post ID: @WAtNlis-dcgn

Post information you know, rumors you heard, your experiences, or contribute to the discussion by answering or asking about layoffs at Cabela's Inc.. The comment form is located near the bottom of the page. That is the official guidelines. please refer to them an not your own.

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Post ID: @WAtNlis-duhs

No, this a site for current and former workers to share info and rumors about working conditions, the possibility of layoffs, severance etc. That's why talking about politics and local government is not allowed.

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Post ID: @WAtNlis-dzop

Please remember this is ahate site for bass pro and Sidney Nebraska now I guess a site where for some reason no discussion is allowed on the city council in Sidney Nebraska. Therefore you can spread alll the nasty rumor if they are negative about Sidney or their businesses . However any discussion on the city government is not allowed even if is probably the most important issue for bass pro in a good part of the Midwest. Just remember this is a hate site for Sidney and bass pro Cabelas and you should be fine.

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Post ID: @WAtNlis-cevc

this site...just wow

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Post ID: @WAtNlis-cdlz

Please keep it on topic, This site and thread concerns Cabelas/Bass Pro Shops. Not the Sidney Nebraska city council or any of the other local draconian goverment or socai issues.

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Post ID: @WAtNlis-cpbk

As far as making the taxpayers pay for the clean up of private property...what a great incentive not to clean up on your own. Why would I clean up my property in the future...just sit back and let the city hire someone to do it for me. Sounds like a welfare state.

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Post ID: @WAtNlis-9lpv

oh no not this nonsense again...

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Post ID: @WAtNlis-9hbt

Last summer I stated I thought the new city policy should be to try and protect as many city employees positions as possible and to refrain from all large capital exposures unless it is proven it is absolute necessary . Since then we have seen very many new vehicles purchased . Also in recent years we have seen a policy my the city to go after long time businesses which I would say would be welcomed in every other city in the Nebraska panhandle without any complaints. Because as our ex major stated he had a hard time when showing a potential Cabela's executive around a route around town which wasn't and embarrassment . As a result the city spent thousands and thousands of dollars on legal fees not to mention the legal fees incurred by the small businesses involved. It would be interesting to note how much these high price executives has done for the town of Sidney (which we were so worried to impress) as compared to the people attacked by the city( life time residents , businesses). Every community need to work toward a policy to have a clean appearance . However my thought at the time instead of spending thousands and thousands of attorney fees to attack small homeowners or businesses how about setting up a program to assist residents with cleanup costs as much as possible at first anyway.

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Post ID: @WAtNlis-8yzs

The poster was responding to the post that stated: "I would be extremely pleased to have the same agreement offered to myself ...." The agreement has just been proved unenforceable in NE. So why would BP offer this outfitter an unenforceable contract????? Why would you want a contract that, the court had decided, violates your rights.

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Post ID: @WAtNlis-4zho

He is. Double standards and yes, should be held accountable as his foot in past decisions affected so many who could not afford this defense. Such an ongoing travesty of injustice

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Post ID: @WAtNlis-4zyt

A question if it could be proven Dennis highlby is acting in his own best interest and not that of Cabelas or bass pro isn’t he in violation of the agreement given to him by Cabelas stockholders in which he received millions and millions of dollars of consideration.

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Post ID: @WAtNlis-3lme

We have to take responsibly for our actions and in a situation where someone is paid millions and millions and millions of dollars to perform his duties to thousands of employees and the stockholder of a 5 billion dollar company ( not to mention he received millions and millions of dollars of additional money on top of his regular pay to make sure the interest of these parties are represented over his own interest) and the answer doesn't apply because he was just kissing bass pro a-- isn't an acceptable answer. '

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Post ID: @WAtNlis-3abe

I asked several questions which you simply choose to ignore and what questions was you referring to which I do not understand?

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Post ID: @WAtNlis-3mbg

I don't think he understands ...he was just azz-kissin BP.

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Post ID: @WAtNlis-3xec

"would be more then happy to live by the terms of the agreement. " Jeez, can't you read...the agreement is not valid in the state of Nebraska. What are you saying? It makes no sense. Why would BP give you an agreement that cannot be enforced in your state?

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Post ID: @WAtNlis-3pkn

I am curious didn't Dennis Highly and the other directors draft this agreement which he is opposed to ?

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Post ID: @WAtNlis-3pqu

I would be curious when Dennis highly was CEO at Cabelas didn’t he required employees taking a severance pay to sign a similar agreement?

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Post ID: @WAtNlis-3twz

I am a bass pro employee and I have been so pleased with how bass pro has stepped up during this difficult time for Sidney. If I would be to be laid off by bass pro in the future I would be extremely pleased to have the same agreement offered to myself which has been previously offered to laid off employees at Cabela's and would be more then happy to live by the terms of the agreement. I realize the average laid off employee at Cabela's didn't receive nearly the severance packages the board of directors rewarded themselves in the merger agreement.

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Post ID: @WAtNlis-2nlx

They can sue to recover costs since it would appear Bass Pro/Cabela's lost the argument. You can bet the attorney's fees are jacked on this!! Needless to say, it pulled the defendants through a knot hole in a fence!

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Post ID: @WAtNlis-1ydo

class action suit for what?

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Post ID: @WAtNlis-1ius

Poor us! Poor us!

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Post ID: @WAtNlis-1fux

2

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Post ID: @WAtNlis-1vpp

Now we need to file a class action suit against them

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Post ID: @WAtNlis-spx

Sounds like they won: "the Court concluded that the defendants’ agreements, ..., violated Nebraska’s fundamental public policy, which strictly prohibits such agreements. Good for them. But what were the court cost? Couldn't have been cheap. Cabela's should have to pick up the lawyer and court costs for dragging them through this.

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Post ID: @WAtNlis-vbs

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